goMobi Additional Service Agreement
These terms are in addition to the Freeparking Web Hosting Terms and Conditions.
The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires. All terms defined in the Web Hosting Terms and Conditions shall have the same meaning in this document unless redefined below.
"Freeparking", "us", "we" and "our"
means Umbrellar Limited trading as Freeparking.
"Client ", “You” and "Your"
means the party or parties who enter into this Agreement with Freeparking
means Afilias Technologies Limited (formerly mTLD Top Level Domain Limited), incorporated in Ireland and trading as “dotMobi”
means the goMobi service which is a service used to create websites optimised for mobile devices and the configuration application interface
means the goMobi mobile website builder software
“Additional Service”, “DeviceAtlas”
means DeviceAtlas, which is used in conjunction with goMobi for device detection and content adaption
2. General Terms
2.1 The terms and conditions set out in this document relate only to your use of the goMobi mobile website builder provided by Freeparking.
2.2 You also agree to be bound by the following agreements:
a) Freeparking Web Hosting Terms & Conditions located at: https://freeparking.co.nz/about-us/terms-and-conditions/web-hosting-terms-and-conditions/#content
c) Freeparking Acceptable Use Policy located at: https://www.freeparking.co.nz/about-us/terms-and-conditions/acceptable-use-policy/#content
2.3 Freeparking reserves the right to modify, enhance and withdraw all or part of the Service and alter its Policies and these Terms & Conditions. In the event of any change, Freeparking shall provide a general notice on our website and changes will become effective upon publication.
3. License Terms
3.1 You shall be granted a personal, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to:
(a) use the Service; and
(b) install and use a single copy of the Software solely for the purpose of redirecting mobile web traffic to the goMobi website that is the subject of the goMobi subscription through searches of the Database (the “Additional Service”).
3.2 You shall during the term of the this Agreement, to the extent reasonably possible, effect and maintain adequate security measures to safeguard the Service, Software and Additional Service from use by any unauthorized person.
3.3 You shall not use the Service and/or the Additional Service in any way not expressly permitted under this Agreement. This includes a prohibition on:
(a) removing or modifying any markings on the Service or the Additional Service including reports or any notice of IP Rights;
(b) modifying, selling, renting, leasing, transferring, assigning, disposing of, novating, sub-licensing, transferring any of its rights to, reselling for profit or distributing the Service and/or the Additional Service or creating derivative works based on the Service and/or the Additional Service or any part of them;
(c) any distribution of data retrieved from the Database (or otherwise through the Service or Additional Service) in any form (whether printed, electronically relayed, posted to public list services or bulletin boards, magnetically stored or otherwise) to, or for the benefit of, any other person;
(d) causing or permitting any alteration, adaptation, translation, decompilation, disassembly, or reverse engineering of the Service and/or the Additional Service (other than as permitted by applicable law);
(e) copying the Software (provided however that you may take such copies or other reproductions of the Software as are strictly necessary for backup or archival purposes) and/or the Database or creating subsets or derivative databases from the Database in a manner not expressly permitted by this Agreement;
3.4 You shall be solely responsible for ensuring compliance with all local laws and regulations in relation to your website and the website content.
3.5 You shall be solely responsible for observing any applicable export and import laws that govern your use of the Service and/or the Additional Service. In particular, you shall not export the Software and/or the Database, or any part thereof, directly, or indirectly, in violation of these laws, or use them for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
3.6 You shall agree that dotMobi may make commercial use of data arising from your use of the Service and/or the Additional Service.
4. Warranty Disclaimer
4.1 Given the nature of the Service and/or the Additional Service and in particular your reliance on content provided by third parties, you agree that the Service and/or the Additional Service are provided to you on an “as is” basis.
4.2 Freeparking makes no warranty, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or infringement in respect of the Service and/or the Additional Service.
4.3 You agree to assume the entire risk as to the results and performance of the Service and/or the Additional Service.
4.4 Freeparking does not represent or warrant to you that your use of the Service and/or the Additional Service will be uninterrupted or error-free, or that the results obtained will be successful or will satisfy your requirements.
5. Intellectual Property Rights Infringement
5.1 Freeparking and/or its licensors may elect to modify or replace the Service and/or the Additional Service, or terminate this Agreement, as a result of any third party Intellectual Property rights infringement issue relating to the Service and/or the Additional Service.
6.1 To the extent permitted by law, in no event shall the licensor (dotMobi) have any liability (whether direct or indirect) to you for loss or damage.
6.2 Since use of and access to the Service and the Additional Service depends, in part, on third parties (for example, telecommunications carriers) whose performance is outside of Freeparking and its licensors’ control, Freeparking and its licensor shall not be liable for loss or damages arising from the failure of the transmission or receipt of data due to:
(i) causes beyond our or our licensors’ reasonable control, or
(ii) causes which are not reasonably foreseeable by Freeparking or its licensors, including but not limited to, interruption or failure of communication or digital transmission links and Internet slow-downs or failures.
7. Proprietary Rights
7.1 The Service and the Additional Service supplied by dotMobi are represented as owned by Freeparking and/or its licensor and/or others and are proprietary in nature.
7.2 Freeparking and/or its licensor and/or others have and will retain all Intellectual Property rights and ownership in, and title to such proprietary licensed software and other material in and/or comprising the Service and/or the Additional Service.
8.1 On termination or expiry of this Agreement for any reason: (i) the licence granted under this Agreement shall immediately cease, (ii) you shall not make any further use of the Service and/or the Additional Service, and (iii) you must immediately remove all Software from your systems and delete any other information, documentation, materials, equipment, property and other items (and all copies of them in any format) belonging to the Freeparking or its licensors.
9. Fair Use Policy
9.1 In the event that the volume of traffic you use for the Service and/or the Additional Service is sufficient so as to jeopardise the provision of the Service and/or the Additional Service for other end users, dotMobi reserves the right to, at its sole discretion, permanently or temporarily, discontinue provision of the Service and/or the Additional Service to you.
9.2 For the avoidance of doubt, the volume of traffic generated by you should not exceed 2,000 page views per day.
10. Acceptable Use Policy
10.1 You agree that your access to and right of use of the Service and/or the Additional Service may be suspended and/or terminated if you are found to be using the Service and/or the Additional Service in association with activities which may be detrimental to Freeparking or dotMobi’s interests or reputation, such as in association with unsolicited commercial email (“spam”) or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the territories in which you transact your business; activities designed to encourage unlawful behaviour by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way.
10.2 In the event that access to and right of use of the Service and/or the Additional Service by you is suspended and/or terminated for spam or morally objectionable activities, no refund shall be due.
11. Domain Transfers
11.1 Should a domain to which services are being provided under this Agreement be transferred to another domain name registrar, the provision of the Service and/or the Additional Service will be interrupted on that domain, and the Service and/or the Additional Service will not be restored until the necessary DNS records are made to refer the domain to the Service.
12. Service Branding
12.1 You accept that the text “goMobi by dotMobi” or equivalent, is inserted at the footer of the adapted site.
13.1 As part of the provision of the Service and/or the Additional Service to you, updates to the Service and/or the Additional Service will take place from time to time (the “Updates”). Updates are generally designed to improve, enhance and further develop the Service and/or the Additional Service and may take the form of bug fixes, enhanced functions, new capabilities and completely new versions, and may include, but are not limited to, items such as advertising, links to third party offerings, and other promotional content. dotMobi shall incorporate Updates at its absolute discretion and you shall agree to receive such Updates on the above terms as part of your use of the Service and/or the Additional Service.
This Agreement was last updated 23 September 2015.